Page 6 - Family First Firm - Guardianship Welcome Kit

Guardianship

FAQ'S
FAQ'S

Can anyone file a Petition for Incapacity?
The petitioner must be a competent adult (18 and over) who can attest as to why he or she believes the person may be
incapacitated.

Who may serve as a Guardian?
Any competent adult who is a resident of Florida may serve as a Guardian. A nonresident of Florida may serve as a
Guardian if he or she is related to the Ward by blood, marriage, or adoption. In certain cases, the court may appoint a
professional or public Guardian to act as a Guardian for the person and/or property.

Who may not serve as a Guardian?
Florida Statutes prohibit the appointment of anyone as a Guardian if they have been convicted of a felony, judicially
determined to have committed abuse, abandonment, or neglect, or have been found guilty of certain other offenses.
In addition, a person who may be unable to perform his or her duties due to illness or incapacity may not be
appointed.

Is there any type of background investigation required?
The court requires a non-professional Guardian to submit (at his or her own expense) to a background investigation,
which includes a criminal and credit history check.

Why am I required to be represented by an attorney?
Florida Probate Rules require that every Guardian be represented by an attorney admitted to practice in Florida.

Is the Guardian responsible for the Ward’s debts?
A Guardian does not pay bills or debts from his or her own assets; however, the Guardian of the property is
responsible for continuing to pay the Ward’s bills from the Guardianship assets.

How long does this process take?
Once the Petition for Incapacity is filed with the court, the court, within five (5) days, will appoint an attorney to
represent the AIP and an examining committee to conduct an evaluation. The examining committee will complete
their evaluations and submit their reports back to the court within fifteen (15) days. The court will then set a hearing to
be held after receiving the reports from the examining committee. The reports filed by the examining committee
should include a diagnosis, prognosis, and a recommended course of treatment.

Who are the members of the examining committee?
The three-member examining committee will consist of a licensed physician or a psychiatrist. The remaining members
may be either another physician, psychologist, psychiatrist, registered nurse, nurse practitioner, licensed social worker,
or a layperson who, by knowledge, skill, experience, training, or education, may advise the court in the form of an
expert opinion.